SCHEDULES

C8C12 SCHEDULE 9 Special Provisions as to certain Orders

Annotations:
Modifications etc. (not altering text)

P1C6C7C9C11C10 Part III Procedure as to certain orders

Annotations:
Modifications etc. (not altering text)
C7

Sch. 9 Pt. III applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

Sch. 9 Pt. III applied (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 14(3), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

C9

Sch. 9 Pt. III applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)

C11

Sch. 9 Pt. 3 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)

Subordinate Legislation Made
P1

Sch. 9 Pt. III: s. 124 (with Sch. 9 Pt. III) power exercised (20.11.1991) by S.I.1991/2709

20

1

Subject to sub-paragraph (2) below, before F1making make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F2 . . . 32, 35, 37, 38, 45, 46, 49, F3. . . 61, 83(2) and 84, F17a strategic highways company, F4a local authority or Transport for London shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted F20for consent under Part II of this Schedule F5or any other provision of this Act, F18the company,, the authority F6or, as the case may be, Transport for Londonshall so consult before submitting the order F21....

2

Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.

C1C221

As respects orders of F19a strategic highways company or a local authority other than F7the council of a London borough or the Common Council of the City of London under any of the provisions referred to in paragraph 20(1) above F8. . ., the F22national authority may make regulations for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the F22national authority or a county council where such submission is required, and the consideration by F23 the national authority or by the county council of any such order submitted to F23 the national authority or them; and the F22national authority shall by regulations under this paragraph make such (if any) provision as F24 the national authority considers appropriate with respect to—

a

the publication of any proposal for the making of such an order;

b

the making and consideration of objections to any such proposal; and

c

the publication of notice of the making of the order and of its effect.

22

1

Without prejudice to the generality of paragraph 21 above, regulations under that paragraph may include provision—

a

as to the form of any such order as is mentioned in that paragraph;

b

for the holding of inquiries for the purposes of any such order and as to the appointment of the person by whom any such inquiry is to be held;

c

for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made;

d

requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;

e

requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.

2

In sub-paragraph (1)(e) above, in its application to an order under section 61 of this Act, the reference to traffic signs shall be construed in accordance with subsection (8) of that section.

C323

1

The Secretary of State, after consultation with F9the council of a London borough of the Common Council of the City of LondonF10or Transport for London,—

a

as respects orders made by F9that councilF11or Transport for Londonunder any of the provisions referred to in paragraph 20(1) above F12. . ., may make regulations for any of the like purposes as those for which regulations are required or authorised to be made under paragraph 21 above;

b

with respect to any other order the making of which by F9that councilF11or Transport for Londonrequires the consent of the Secretary of State, may make regulations for providing the procedure to be followed in connection with the obtaining of that consent.

2

In paragraph 22(1)(c) above, so far as it relates to regulations made under this paragraph, “modifications” shall be construed as including additions, exceptions or other modifications of any description.

C424

The F25national authority may make regulations with respect to the procedure in connection with the making by F26the national authority —

a

of any order made by virtue of paragraph 3 or made under paragraph 7 of this Schedule, or

b

of any order which F28the national authority is authorised to make with respect to [F13roads for which F28the national authority is the traffic authority under any of the provisions referred to in paragraph 20(1) above,

or F27, where the national authority is the Secretary of State, with respect to the procedure in connection with appeals to him by district councils under F14section 39 of this Act.

25

Any regulations under this Part of this Schedule may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a F15road, the authority may, whether or not they are the F16traffic authority, take such steps for that purpose as they think fit, including the use for that purpose of any lamp-post, traffic sign or other structure whatsoever in the F15road, whether or not belonging to that authority.

C526

1

Before giving any authority a direction under paragraph 2 of this Schedule to make (with or without modifications) an order under any of the provisions referred to in paragraph 20(1) above, in connection with which steps have already been taken in pursuance of regulations made under this Part of this Schedule, the F29national authority shall consider any objections made to that order.

2

If the order is directed to be made with modifications which appear to the F30national authority to affect substantially the character of the order, F31the national authority shall take such steps as appear to F32the national authority to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.